Terms & Conditions
These terms and conditions (the "Terms of Service") govern your access to and use of Higher Education's websites that link to or reference these Terms of Service (collectively, the "Service"). By accessing or
using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract
with Ophelia Group LLC. ("Higher Education"). Do not access or use the Service if you are unwilling or
unable to be bound by the Terms of Service.
1. Definitions
PARTIES
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses,
crawls, scrapes, or in any way uses the Service. "We", "us", "our" refer to Higher Education.
CONTENT
"Content" means text, images, photos, audio, music, video, and all other forms of data or
communication. "Your Content" means Content that you submit or transmit to, through, or in
connection with the Service, such as videos, commentary, ratings, reviews, invitations, messages, and
information that you publicly display or displayed in your account profile. "User Content" means
Content that users submit or transmit to, through, or in connection with the Service. "Higher Education
Content" means Content that we create and make available in connection with the Service. "Third Party
Content" means Content that originates from parties other than Higher Education or its users, which is
made available in connection with the Service. "Site Content" means all of the Content that is made
available in connection with the Service, including Your Content, User Content, Third Party Content, and
Higher Education Content.
2. Changes to the Terms of Service
We may modify the Terms of Service from time to time. When changes are made, we will notify you by
making the revised version available on this webpage. You should revisit these Terms of Service on a
regular basis as revised versions will be binding on you. Any such modification will be effective upon our
posting of new Terms of Service. You agree that your continued access to or use of the Service after any
posted modification to the Terms of Service indicates your acceptance of the modification.
3. Using the Service
ELIGIBILTY
To access or use the Service, you must be 21 years or older and have the requisite power and authority
to enter into these Terms of Service. If you are under 21 you may not access or use the Service. If you
are a competitor of ours or if we have previously banned you from the Service or closed your account
you may not access or use the Service.
PERMISSION TO USE THE SERVICE
We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your
use of the Service is at your own risk, including the risk that you might be exposed to Content that is
offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
SITE AVAILABILITY
The Service or any functions or Content of the site may be modified, updated, interrupted, suspended or
discontinued at any time without notice or liability.
USER ACCOUNTS
You must create an account and provide certain information about yourself in order to use some of the
features that are offered through the Service. You are responsible for maintaining the confidentiality of
your account password. You are also responsible for all activities that occur in connection with your
account. You agree to notify us immediately of any unauthorized use of your account. We reserve the
right to close your account at any time for any or no reason. A "Personal Account" is an account for your
personal, non-commercial use only. In creating a Personal Account, you agree to provide complete and
accurate information about yourself. You may not impersonate someone else (e.g., adopt the identity of
a celebrity or your next-door neighbor), create or use an account for anyone other than yourself,
provide an email address other than your own, or create multiple Personal Accounts. If you use a
pseudonym, take care to note that others may still be able to identify you if, for example, you include
identifying information in your reviews, use the same account information on other sites, or allow other
sites to share information about you with Higher Education. Please read our Privacy Policy for more
information.
COMMUNICATIONS FROM HIGHER EDUCATION AND OTHER USERS
By creating an account, you agree to receive certain communications via e-mail, phone, or text message
in connection with the Service at any e-mail address or phone number that you may have provided us.
For example, you may receive our e-mail newsletter about new products, and site updates or other
matters that may interest you. You can opt-out of non-essential communications here.
Higher Education may also place calls or texts to: (i) notify you regarding your account; (ii) troubleshoot
problems with your account; (iii) resolve a billing dispute; (iv) collect a debt; (v) poll your opinions
through surveys or questionnaires; (vi) contact you with offers and promotions; or (vii) as otherwise
necessary to service your account or enforce this Terms of Service, our policies, applicable law, or any
other agreement we may have with you. Standard telephone minute and text charges may apply.
Higher Education may, without further notice or warning and in its discretion, monitor or record
telephone conversations you or anyone acting on your behalf with Higher Education or its agents for
quality control and training purposes or for its own protection.
4. Purchase Conditions
RETURNS AND REFUNDS
Higher Education offers a convenient return policy to our customers because we want you to be
completely satisfied with our goods and services. Our return policy is detailed here.
We reserve the right to deny unfair returns and refunds for any reason. For example, these reasons may
include returns: (i) for products not purchased directly from Higher Education; (ii) for products that have
been used; (iii) for products purchased for the purpose of reselling; or (iv) from customers that return an
unreasonable proportion of products purchased.
DUPLICATE ACCOUNTS
You are only permitted to have one registered account on Higher Education. Any customer accounts
created for the specific purpose of circumventing Higher Education's per customer limit restrictions on
promotions, Flexible Payments restrictions, or product quantity limits may be disabled and banned at
our discretion. We reserve the right to prosecute fraudulent criminal activity to the fullest extent of the
law.
5. Content
RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You
assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or
reliability, or any disclosure by you of information in Your Content that makes you personally
identifiable. You represent that you own, or have the necessary permissions to use and authorize the
use of Your Content as described herein. You may not imply that Your Content is in any way sponsored
or endorsed by Higher Education.
You may expose yourself to liability if, for example, Your Content contains material that is false,
intentionally misleading, or defamatory; violates any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; contains material that is unlawful, including illegal hate speech or
pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or
regulation.
OUR RIGHT TO USE YOUR CONTENT
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it,
incorporating it into advertisements and other works, creating derivative works from it, promoting it,
distributing it, and allowing others to do the same in connection with their own websites and media
platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-
free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant
the users of the Service and any Other Media the right to access Your Content in connection with their
use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against
Higher Education and its users any claims and assertions of moral rights or attribution with respect to
Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and
create derivative works of Your Content.
OWNERSHIP
As between you and Higher Education, you own Your Content. We own the Higher Education Content,
including but not limited to visual interfaces, interactive features, graphics, design, compilation,
computer code, products, software, aggregate user review ratings, and all other elements and
components of the Service excluding Your Content, User Content and Third Party Content. We also own
the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights
throughout the world (the "IP Rights") associated with the Higher Education Content and the Service,
which are protected by copyright, trade dress, patent, trademark laws and all other applicable
intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create
derivative works or adaptations of, publicly display or in any way exploit any of the Higher Education
Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously
provided herein, we do not grant you any express or implied rights, and all rights in and to the Service
and the Higher Education Content are retained by us.
ADVERTISING
Higher Education and its licensees may publicly display advertisements and other information adjacent
to or included with Your Content. Except as you and we may otherwise agree with regard to revenue
sharing (see, for example, our Partner Program), you are not entitled to any compensation for such
advertisements. The manner, mode and extent of such advertising are subject to change without
specific notice to you.
OTHER
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole
discretion and without notice to you. For example, we may remove a review if we believe it violates our
Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do
we guarantee any confidentiality with respect to Your Content.
6. Restrictions
YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO USE THE SERVICE TO:
Violate our Content Guidelines;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Service for commercial
purposes, except as expressly permitted by Higher Education;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in
keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party
website;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
YOU ALSO AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:
Violate the Terms of Service;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of,
publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content),
except as expressly authorized by Higher Education;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to
access, retrieve, scrape, or index any portion of the Service or any Site Content;
Reverse engineer any portion of the Service;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any
portion of the Service or on any materials printed or copied from the Service;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Service for purposes of constructing or populating a
searchable database of business reviews;
Reformat or frame any portion of the Service;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on Higher Education's technology infrastructure or otherwise make
excessive traffic demands of the Service;
Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks
connected to the Service through hacking, password mining or any other means;
Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or
other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Service, or otherwise
attempt to interfere with the proper working of the Service;
Use the Service to violate the security of any computer network, crack passwords or security encryption
codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content;
or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the
Service, features that prevent or restrict the use or copying of Site Content, or features that enforce
limitations on the use of the Service.
6. Guidelines and Policies
CONTENT GUIDELINES
You represent that you have read, understand and agree to our Content Guidelines.
PRIVACY
You represent that you have read, understand and agree to our Privacy Policy. Note that we may
disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to: (i) take action regarding suspected illegal activities; (ii) enforce or apply our
Terms of Service and Privacy Policy; (iii) comply with legal process or other government inquiry, such as
a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv)
protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the
Service outside of the United States, you consent to having your personal data transferred to and
processed in the United States.
Third Parties
The Service may include links to other websites or applications (each, a "Third Party Site"). We do not
control or endorse any Third Party Site. You agree that we are not responsible for the availability or
contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Service are provided in connection with third parties
and subject to additional terms posted here which are incorporated herein by reference.
Indemnity
You agree to indemnify and hold Higher Education, its parent, subsidiaries, affiliates, any related
companies, suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each of them harmless, including from costs, liabilities and legal fees, from any claim
or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii)
your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your
account, of any intellectual property or other right of any person or entity. Higher Education reserves
the right, at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to
settle any matter without the prior written consent of Higher Education. Higher Education will use
reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HIGHER EDUCATION AND ITS
SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "HIGHER EDUCATION ENTITIES"). EACH
OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY
NOT BE LAWFULLY LIMITED.
THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
THE HIGHER EDUCATION ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD
PARTIES. ACCORDINGLY, THE HIGHER EDUCATION ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR
DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER
MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE
BUSINESSES LISTED ON THE SERVICE.
THE HIGHER EDUCATION ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY,
OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF
THE SERVICE OR ANY PRODUCT OR SERVICE THAT IS THE SUBJECT OF INFORMATION ON ITS SITE. ACCORDINGLY, THE HIGHER EDUCATION ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE
THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE
CONTENT, DESCRIPTIONS, STATEMENTS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE
SERVICE.
THE HIGHER EDUCATION ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR
ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE
OF THE SERVICE.
THE HIGHER EDUCATION ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES
THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE
GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE HIGHER EDUCATION ENTITIES IN
CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THE HIGHER EDUCATION ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS
INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF HIGHER EDUCATION OR ANY THIRD
PARTY, OR (v) LOSS OF INFORMATION OR DATA.
7 Choice of Law and Venue
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise
between you and Higher Education (a "Claim"), without regard to conflict of law provisions. FOR ANY
CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND
EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS
LOCATED WITHIN LOS ANGELES COUNTY, CALIFORNIA.
8. Termination
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of
the Service, and providing Higher Education with a notice of termination by emailing us here. If you
close your account, we may continue to display Your Content.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you
altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any
other related information.
9. General Terms
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for
any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms of Service by email,
regular mail or communications through the Service.
Except as expressly stated herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these
Terms of Service.
Any failure on Higher Education's part to exercise or enforce any right or provision of the Terms of
Service does not constitute a waiver of such right or provision. The failure of either party to exercise in
any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise
remain in full force and effect and enforceable.
The Terms of Service are not assignable, transferable or sublicensable by you except with Higher
Education's prior written consent, but may be assigned or transferred by us without restriction. Any
assignment attempted to be made in violation of the Terms of Service shall be void.
The section titles in the Terms of Service are for convenience only and have no legal or contractual
effect.